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Does anyone know more about this case and its history? Hard to understand this ruling. It appears to give Martin Marietta permission to destroy Blounts Creek. Is the case more complicated than this?
 

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Basically the DENR gave Martin Marietta permission to put the mine there without requiring them to do hardly anything with regards to water discharge.

As far as I know there is not much more to it than that. Not from what I have read/seen anyway.

I emailed the governor and my representative and told them how I felt. I would encourage you all to do the same.
 

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Does anyone know more about this case and its history? Hard to understand this ruling. It appears to give Martin Marietta permission to destroy Blounts Creek. Is the case more complicated than this?
It is only more complicated in that there is money involved. I am sure the arguments were used that it will provide jobs and revenue for the state. I hope many of you do realize that this is a result of the current lean of our elected officials, protect corporations and hinder environmental protections. This is what happens when you reduce funding to agencies like the EPA and leave it to the private sector to make (more like buy) the rules.

Just like the 4,000 acres being ditched to drain in Pamlico county, so the company can sell the wetlands they bought for three times the price as farmland. Meanwhile the Army Corp of Engineers is sitting on their thumbs. All about money.

Fast tracking fracking anyone? Another brilliant greedy idea.
 

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Red X Angler
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yet another spawning area lost to greed. And the run off will shoot right down into Pamlico sound with all of the waste. I am surprised there wasn't more of an uprising around here. They raised hades for years over the OLF had sticker and banners and t shirts but hardly a yawn over this crap!!! The fancy houses still get their pretty river to look at there just wont be anything living in it!!
 

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Here is the email I just received from Bob Daw. He lives on Blounts Creek and is Extremely passionate about the creek and its well being. I don't think he would care if I copy and paste what he sent..





My personal opinion is that our Governor and his hand picked top DENR staff have bragged about lowering restrictions and laws just to allow big money business easy access to destroy our environment. The top staff at DENR does not care at all about our waters. That is blatantly obvious. I am confident that as we appeal this to a higher court that we can find some part of the jurisdictional system that ain"t in that Raleigh Club. I can't wait for a court date and I expect to see a least about five hundred concerned N.C. citizens in peaceful attendance. This should draw some Statewide or national news attention. All of that being said I think also that it's time that we N.C. citizens have a up rising in force to stop the madness. There is Big Bad Storm is Brewing at Blounts Creek and the winds will blow in towards Raleigh. We have just begun to fight. Thanks Bob Daw











[h=1]http://shar.es/1gtYIf[/h][h=1]Court Approves Destruction of Blounts Creek[/h]

CHAPEL HILL, N.C.— A state administrative court upheld a state permit that would allow a proposed Martin Marietta mine to destroy a popular fishing creek in eastern North Carolina with wastewater from the mine. Judge Phil Berger Jr. denied downstream North Carolina residents and business owners the right to challenge the N.C. Department of Environment and Natural Resources’ permit authorizing the creek’s destruction. DENR permitted the flooding of the creek with mining wastewater, failing to protect the waters of Blounts Creek that are vital to an abundance of fish—including red drum and herring—and empty into the Pamlico River. The Southern Environmental Law Center represents the Pamlico-Tar River Foundation and the N.C. Coastal Federation in challenging the destructive permit.
“The court agreed that DENR’s permit will destroy this popular creek’s unique habitat loved by locals and people who come from across the state to Eastern North Carolina,” said Geoff Gisler, senior attorney at the Southern Environmental Law Center. “The court’s ruling disregarded well-established state and federal laws that allow citizens who live downstream to protect our creeks when DENR won’t.”
In contrast to the Clean Water Act’s purpose—to protect our waters and the numerous benefits they provide —DENR’s permit would allow Martin Marietta to dump its wastewater into creeks that simply cannot handle it, despite the availability of less damaging alternatives for handling the mine’s wastewater.
“The court ruling completely ignores the interests of the people who live along the creek, fish its waters, and depend on its unique fisheries,” said Harrison Marks, executive director, Pamlico-Tar River Foundation. “DENR could require the company to pursue other available alternatives that would protect the creek, not harm the local citizens, and comply with state and federal laws.”
The discharge will transform the swampy headwater habitat into a fast-flowing stream consisting primarily of mine wastewater, permanently altering the creek’s diversity of life and abundance of high quality habitat for fish.
“Pumping millions of gallons of waste water into this creek each day will wash out the natural community, and that’s totally inconsistent with the Clean Water Act,” said Todd Miller, executive director, North Carolina Coastal Federation.
In order to develop a 649-acre open pit mine outside Vanceboro in Beaufort County, N.C., Martin Marietta plans to pump up to 12 million gallons per day of wastewater into Blounts Creek’s headwaters.
Martin Marietta admitted in its application that the altered creek would no longer support its existing mix of fish species and would no longer be considered swamp waters due to the increased flow, increased pH, and other changes to the creeks that would occur due to the discharge. Under federal and state law, North Carolina cannot authorize discharges that will violate water quality standards by changing the natural mix of species in a water body or by destroying uses that are protected by a supplemental classification, such as “swamp waters.”
State wildlife agencies and the Environmental Protection Agency criticized the plan in response to the draft permit.
In violation of state and federal law and despite other agencies’ criticisms, DENR’s Division of Water Quality required no significant changes to address these problems in its final permit.








 

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yet another spawning area lost to greed. And the run off will shoot right down into Pamlico sound with all of the waste. I am surprised there wasn't more of an uprising around here. They raised hades for years over the OLF had sticker and banners and t shirts but hardly a yawn over this crap!!! The fancy houses still get their pretty river to look at there just wont be anything living in it!!
There was more than a yawn, there were a couple of organized protests, one being a boat rally. Bob had a music venue dedicated to the cause. Just apparently was not media worthy.

The judge, recently appointed, is the son of one of our senators, who got campaign donations from a company who I will give you three guesses for, the first two do not count. Conflict of interest??
 

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Red X Angler
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well I live in Washington and never heard any of this going on, never saw any signs or banners never heard anything on the radio... Never saw an organized protest...
 

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Red X Angler
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I like to think I am somewhat socially aware but somehow all this has missed me for the most part. I see signs for every bake sale, pancake supper, yard sale, craft bazaar, and car wash but haven't seen squat about it. Jobs are in very short supply around here so most of these folks would see it as jobs today, and to heck with it.. Shame. I guess I need to put more effort into my community.
 
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Sundrop -- sounds like a lot of us missed this one. I worry this case is a symptom of our present political climate where too many of us (myself included) are preoccupied with national-level politics and don't pay close enough attention to local issues -- where likeminded fishermen can actually effect real change if we agree on principles (e.g., conservation of our natural resources) and organize with purpose, in spite of potential differences in terms of national party affiliation. FWIW // joel
 
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